Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

A view of a forested ridge with a wildfire burning in the background

Tribes hit hard by wildfires face health effects, cultural losses

Tribal leaders across Washington and Oregon say this year’s record-breaking wildfires burned timber that they rely on for income, threatened food sources and waterways, and harmed the health of their communities.

A closeup of a roof with a sprinkler system installed on it

Rooftop rainwater sprinkler systems could help cool warming cities, study says

Researchers have designed a model to simulate how widely distributed rooftop rainwater collection tanks combined with smart rooftop sprinkler systems could help moderate urban heat island effects.

A housing tract with a house with solar panels on the roof

Judge says EPA illegally canceled $7B solar program

A federal judge in Rhode Island has ruled that the Trump administration illegally terminated a $7 billion Solar for All program intended to make solar power accessible to more than 900,000 lower-income Americans.
A green plant in a row of crops

Scientists developing new soybean to store carbon, withstand drought

Researchers are engineering soybeans with deeper, larger root systems that could help crops withstand drought while storing more carbon underground.

Glaciers hanging over an alpine lake formed by glacial meltwater

How climate change worsened Nepal's deadly mountain collapse

A glacier and rock collapse in Nepal killed nearly 1,400 people and left thousands missing. Scientists say decades of warming helped set the disaster in motion.
‘Forcing a reckoning’: How Asia is preparing for a ‘supersized’ El Niño

‘Forcing a reckoning’: How Asia is preparing for a ‘supersized’ El Niño

From Sri Lanka to South Korea, governments are preparing for droughts, wildfires, typhoons and floods – with climate plans facing their biggest challenge to date.

From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.